Pronouncements of the U.s. Supreme Court Relating to the Criminal Law Field: 1985-1986
Publication year | 1986 |
Pages | 1553 |
1986, September, Pg. 1553. Pronouncements of the U.S. Supreme Court Relating to the Criminal Law Field: 1985-1986
The authors gratefully acknowledge the help and assistance of Charles R. Beach, R. Victoria Beyerinck, Fred Y. Boyer, Douglas J. Friednash, Jane Fredman Hunt, and Robert A. Pulver in the preparation of this article.
In the 1985-86 term, the Supreme Court issued 147 signed opinions. While the most important decisions of the term addressed issues outside the area of criminal law, the Court handed down sixty-seven opinions that fall within the scope of this article. In contrast to previous years, the Court did not release a flood of opinions before its July recess. However, like other terms in the near past, the Court's decision-making in the 1985-86 term was fractious. The ideological split was nowhere more apparent than in the Court's criminal law decisions. The cases frequently read like polemics rather than judicial opinions, the majority opinion often appearing to be largely a response to the assertions of the dissent. Sadly, the Court continues to issue many opinions that do not command the full support of all its members. On major constitutional questions, the Court's decisions are often confusing and fail to provide clear guidance to the bench and bar.
Probably the most significant opinion of the term was Bowsher v. Synar, 54 U.S.L.W. 5064 (U.S. July 7, 1986), which struck down the central provision of the Gramm-Rudman budget-balancing law. Interestingly, the lower-court opinion was written by Judge Antonin Scalia, who was nominated by President Reagan to fill the vacancy created by Chief Justice Burger's retirement and Justice Rehnquist's elevation to the position of Chief Justice. Supporters and opponents of affirmative action could both derive solace from the Court's most recent term. In Local No. 93, International Association of Firefighters v. City of Cleveland, 54 U.S.L.W. 5005 (U.S. July 2, 1986), the Court declared that judges have broad discretion to approve consent decrees in which employers agree to adopt racial preferences to settle discrimination suits by minorities. In Local 28 of the Sheet Metal Workers' International Association v. Equal Employment Opportunity Commission, 54 U.S.L.W. 4984 (U.S. July 2, 1986), the Court upheld a lower court order requiring a sheet metal union to eliminate discrimination by increasing minority membership in the union to a specified percentage. However, in Wygant v. Jackson, 106 S. Ct. 1842, 90 L. Ed. 2d 260 (1986), the Court struck down a school board's policy of laying off white teachers before minorities with less seniority.
In the area of antitrust, the Court upheld a strict...
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